Sundry issues

Tax Alert No. 8/ 17 May 2005

Order 520/2005 approving instructions for correcting the material errors from VAT returns
(Official Gazette 408/13 May 2005)

The Order provides that in case of material errors, the  submitted VAT returns may be corrected at the initiative of the fiscal authority or upon request of the tax payer.

The Order establishes the specific types of material errors that may be corrected through this correction procedure. Corrections may be made within the general 5 years – prescription term.

The correction procedure cannot be applied for periods already audited by the fiscal authorities or for which a fiscal audit is in progress.

Order 557/2005 modifying and completing Order 1849/2003 regarding the customisation of the special forms
(Official Gazette 404/13 May 2005)

The Order specifically provides for certain cases when the standardized special forms cannot be issued at the request of the taxpayers, including:

- if the tax returns and financial statements were not submitted at specified terms;
- if not found at the declared fiscal domicile or registered office for tax audits on repeated occasions;
- if a criminal notification was filed by tax authorities further to tax audits, for usage of tax documentation by the tax payer.

In such cases, the taxpayer should clarify its position with the tax authorities.

Order 583/2005 regarding the procedure stipulated by Ordinance 59/2003 in respect of certain goods which are  exempt from payment of customs liabilities, as approved and modified by Law 545/2003
(Official Gazette 404/13 May 2005)

The Order details more on the specific procedure and conditions that should be met by ‘capital goods’ (i.e. goods contributed in kind) and other related equipment belonging to a legal entity ceasing its activity in a third country and which shall carry out similar activities in Romania, for benefiting of exemption from payment of the customs liability.

The main provisions of the new Order refer to the following:
- application procedure for benefiting of the exemption from payment of customs liabilities with the relevant Romanian tax authorities;
- documentation submitted to the customs authorities for obtaining the exemption;
- subsequent disposal of such goods.

Order 545/2005 regarding the annual taxation decision
(Official Gazette 411/16 May 2005)

The Order approves the model and content of the following declarations:
- Annual taxation decision on revenues derived by Romanian individuals, domiciled in Romania;
- Annual taxation decision on revenues derived by Romanian individuals, who are not domiciled in Romania and foreign individuals;
- Annual taxation decision on revenues derived from abroad by Romanian individuals, domiciled in Romania, subject to taxation herein.

By 30 September of the year following the fiscal year, the tax authorities shall issue the annual taxation decisions based on the data included in the global income tax returns and the special returns, as well as other information available.


 Pentru mai multe detalii va rugam click aici. (pdf)